NEWS JANUARY 2019 - DECEMBER 2019
BRAZIL
December 27, 2019
A new Patent Prosecution Highway (PPH) Pilot Project became effective in Brazil on December 1, 2019. Resolution No. 252/2019 encompasses all PPH Programs available as a single Patent Prosecution Highway Project.
The main purpose of the aforementioned Resolution is to expedite the examination of patent applications belonging to any field of technology, unifying the procedures adopted for all PPHs in force and making the process faster and less complicated.
This PPH program is limited to a maximum of 400 requests per year and the application for participating must be filed in the period from December 1, 2019, to November 30, 2022.
Please click here to download complete bulletin in PDF.
FRANCE
December 17, 2019
France, by means of Decree no. 2019-1316 of the 9th of December 2019 has modified its national legislation for trademarks in order to adapt to the established obligations of E.U. Directive 2015/2436 of the 16th of December 2015.
Although this necessary modification was delayed, since the deadline imposed in the aforementioned E.U. Directive expired this January of 2019, finally, after much discussion between all of the interested sectors and the relevant authorities (both political and legislative), Decree no. 2019-1316 of the 9th of December was dictated, with respect to trademarks for goods and services.
Please click here to download complete bulletin in PDF.
EU
December 03, 2019
The EU Court of Justice has resolved a prejudicial question which substantially modifies the understanding which has existed until now, regarding the proceedings relative to the adoption of preliminary injunctions based on the registration of community marks and designs, which had to previously be requested before the specific Courts designated in each Member State, in accordance with the provisions of Regulation EU 6/2002.
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ARGENTINA
October 30, 2019
Within the framework of the changes introduced to the Trademark Law, the regulation of the procedures for processing the requests for nullity and cancellation of registered trademarks was still pending. These regulations were finally approved by the INPI Resolution N. 279/2019, published in the National Official Gazette of last October 10.
Also, on October 22,2019, it was published in the National Official Gazette the INPI Resolution N. 288/2019 implementing new electronic forms for the presentation of new trademarks, renewals and oppositions.
Please click here to download complete bulletin in PDF.
LATAM
June 27, 2019
Since 1891, UNGRIA has been working with long-established, carefully selected and monitored global network of local IP firms in the Latin American region.
Nowadays, it is our pleasure to inform you that UNGRIA has increased its international presence by opening three new own offices in Argentina, Brazil and Mexico.
In addition to our team in Spain and the USA, we have incorporated a group of professionals with an extensive experience in our sector and with technical and legal profiles to directly represent our clients before local Offices and Institutions.
The UNGRIA LATAM team is supported by our in-house professionals with a proven expertise in all areas of IP and deeply familiarized with all jurisdictions in the Latin American region in order to provide our clients with a highly qualified professional advice that guarantees a solid protection of their rights in all fields of technology.
Please click on the link below ''Complete bulletin in PDF'' to learn more about the structure of UNGRIA LATAM and meet our team.
BRAZIL
May 30, 2019
On May 22, the Brazilian Senate approved the Draft of Parliamentary Decree regarding the application and entry into force of the Madrid Protocol on the International Trademark.
The Brazilian Patent and Trademark Office (INPI) expects the Protocol to take effect and enter into force as of next October.
On the other hand, the INPI, with the goal of speeding up substantive examination of patent applications, a program for the issuance of written opinions prior to the examination has been implemented.
In order to access this file, please click on the link bellow "Complete bulletin in PDF".
ARGENTINA, BRAZIL and MEXICO
April 23, 2019
Throughout the month of March and the beginning of April, several IP developments have occurred in Argentina, Brazil and Mexico regarding the protection of your Intellectual Property rights that may be of your interest.
In Argentina, following the amendments introduced in the Trademark Law by Decree 27/2018 and the subsequent Law 27,444, on April 3, 2019, the Decree 242/2019 was published in the Official Gazette. This decree regulates the amended Law 22,362 on Trademarks and Designations and it will be in force as of June 3, 2019. In addition, on March 19, Argentina and Denmark held a Business Conference where the Argentine National Institute of Industrial Property and the Danish Patent and Trademark Office signed an Agreement for the establishment of a Patent Prosecution Highway (PPH) pilot program for the applications filed in both Offices. Finally, on April 25, the INPI Resolution 98/2019 was published in the Official Gazette, which establishes that the National Patent Administration will grant three automatic and consecutive extensions of 30 consecutive days in each case, for the answer of the examinations, preliminary technical background examination and report prior to the final resolution.
In Brazil, the Parliament approved on April 4, the government's proposal to adhere to the Madrid Protocol.
Lastly, in Mexico, the Federal Commission against Sanitary Risks (COFEPRIS) revoked the guidelines on health control of cannabis and its derivatives. Likewise, as a consequence of the amendments to the Intellectual Property Law issued on May 2018, the Mexican Institute of Industrial Property (IMPI) carries out the notification through the Intellectual Property Gazette of resolutions, requirements and other procedures related to trademarks, patents, designs and utility models applications.
In order to access this file, please click on the link bellow "Complete bulletin in PDF".
SPAIN
March 13, 2019
Law 1/2019 of 20 February on Trade Secrets was published in the Official State Gazette of 21 February.
According to its recitals, innovative businesses are increasingly exposed to dishonest practices aimed at misappropriating trade secrets (theft, unauthorised copying, economic espionage or the breach of confidentiality requirements). Therefore, the unlawful acquisition, use or disclosure of a trade secret compromises legitimate trade secret holder's ability to obtain first-mover returns from their innovation-related efforts.
This Law aims to ensure that competition based on undisclosed know-how and business information is adequately protected, ensuring that innovation and creativity are not discouraged.
This new Law, whose most important aspects we now list, aims to fulfill the obligation to transpose the European Directive (EU) 2016/943 of the European Parliament and of the Council of 8 June 2016.
In order to access this file, please click on the link bellow "Complete bulletin in PDF".
SPAIN, EU and LATAM
March 07, 2019
We are glad to present you the following annual report summarizing the main legislative developments occurred in Spain, European Union (EU) and Latin America in relation to Intellectual Property practice during 2018 and the beginning of 2019.
Last year was special for UNGRIA since we increased our international presence by opening three new own offices in Argentina, Brazil and Mexico. In addition to our team in Spain and the USA, we have incorporated a group of professionals with an extensive experience in our sector and with technical and legal profiles to directly represent our clients before local institutions.
Among the many relevant changes we outline below, we would like to highlight in Spain, the amendments to the current Trademark Law, Law 17/2001, of December 7; in the EU, the entry into force of the new Guidelines for Examination published by the European Patent Office (EPO) on November 1, 2018 and the effects of BREXIT in relation to European Union Trademarks (EUTMs); lastly, in Latin America, especially in Argentina and Mexico, where important aspects of the procedure for prosecuting patents and trademarks were substantially modified. On the other hand, Brazil continues trying to adopt measures that reduce the back-log in the patent examination procedure.
In order to access this file, please click on the link bellow "Complete bulletin in PDF".